Q: We divorced when she was 4. and he makes no effort to be in her life . he hasn't paid child support in 10 years. it seems he falls through the cracks and paperwork gets lost by the courts all of the time . i show up at every court date he doesn't. there was a bench warrant for him but it expired . he gets in no trouble for non payment. he doesn't care about her neither does his family. they have no relationship at all. could i terminate his rights and change her name(she requested the name change) . i have done it this long on my own without his support. so just ending it wold be fine. what do i need to do? do i go back to the state it originated in or can i do it from the state i live in now?
A: David's Answer: You can only terminate his parental rights in the context of a step-parent adoption proceeding. Public policy in NY forbids the bastardization of children. -- David Bliven, Westchester Family attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Monday, November 10, 2014
Monday, November 3, 2014
My ex is currently trying to increase the amount of child support. A decision came back in my favor, however, I noticed on the
Q: bottom of the decision/order, the first cc is: "Westchester County
Office of Child Support Enforcement, Interested Party." Should that
concern me? My ex is very, very sneaky -- and I can definitely see him
trying to tell inaccurate stories to people in the court system who he
thinks may be able to help him behind the scenes without their knowing
the full story. He recently objected to the court's decision and I sent
in a rebuttal. In the meantime I noticed this odd cc. Do I need to
worry and/or should I be seeking similar support from someone in that
department?
A: David's Answer: I don't see this as a problem, assuming SCU is collecting the order. If they are not involved in any way, then I'd advise to bring in a copy of the order - and findings of fact - to a lawyer for an assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: I don't see this as a problem, assuming SCU is collecting the order. If they are not involved in any way, then I'd advise to bring in a copy of the order - and findings of fact - to a lawyer for an assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Friday, October 24, 2014
Landlord filed false family offense petition to evict
Q: My 67 yo female landlord filed a false family offense petition against me in court. She is claiming that I am her ex-boyfriend who has been living with her for years. She says that when we "broke up" I moved to the basement and converted it into an illegal apt. She is also alleging that I threatened her live-in boyfriend's life. She tried to have me arrested by filing a false police report stating same. I am a 49 yo male. I do not nor have I ever had a personal relationship with this person. Her son recommended the apt to me. She is retaliating because of the apt situation. What do I do? Thank you.
A: David's Answer: If she filed it in Family Court, then you should retain a lawyer to file a motion to dismiss the petition. There is precedent that a mere landlord-tenant relationship is not an "intimate relationship" such that Family Court would have jurisdiction to issue an order of protection under such circumstances. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If she filed it in Family Court, then you should retain a lawyer to file a motion to dismiss the petition. There is precedent that a mere landlord-tenant relationship is not an "intimate relationship" such that Family Court would have jurisdiction to issue an order of protection under such circumstances. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can my daughters attorney in a pins case file a neglect petition against me?
Q: My stepdaughters attorney representing her in a pins hearing used statements made by her to file a neglect petition against me isn't this some kind of conflict.
A: David's Answer: Yes, she can file a motion for permission to file a neglect case against you. And no, it is not a conflict, as her allegiance is to the child, not to the parent. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Yes, she can file a motion for permission to file a neglect case against you. And no, it is not a conflict, as her allegiance is to the child, not to the parent. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, October 18, 2014
NY Family court - calling petitioner as witness for defense after petitioner's case in chief rests
Q: Hi all,
On the last court date the petitioner testified and was cross examined by respondents (my) council.
I am now Pro se, whereas on that last trial date, I was represented by that council. Next court date is continuation of that trial.
My council did not ask questions needed on cross examination. I would like to call the petitioner as witness for the defense, and requesting the court for the petitioner to be kept as hostile, on the day of the trial.
Can the Pro-se party (respondent) ask any range of questions (for evidences sake) relevant to the case without objection from opposing council of the witness? I am thinking their attorney can object claiming this material has been covered already, as per the transcripts.
I appreciate any help in advance.
On the last court date the petitioner testified and was cross examined by respondents (my) council.
I am now Pro se, whereas on that last trial date, I was represented by that council. Next court date is continuation of that trial.
My council did not ask questions needed on cross examination. I would like to call the petitioner as witness for the defense, and requesting the court for the petitioner to be kept as hostile, on the day of the trial.
Can the Pro-se party (respondent) ask any range of questions (for evidences sake) relevant to the case without objection from opposing council of the witness? I am thinking their attorney can object claiming this material has been covered already, as per the transcripts.
I appreciate any help in advance.
A: David's Answer: You can ask to call the opposing party, but expect an objection if the issues were already covered. It remains in the discretion of the Judgment whether - and to what extent - to allow another examination of petitioner to take place. And even if your initial attorney was poor, I wouldn't advise to go through the process unrepresented - "He who represents himself has a fool for a client." Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Friday, October 17, 2014
Is there a form i can fill out to put a hold on my NYS child support payments until the judge reaches a decision?
Q: Its been over 4 months and ive over payed thousands at this point.
A: David's Answer: You'd need to file an order to show cause requesting a stay of the order pending a decision. Bear in mind these are rarely granted. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You'd need to file an order to show cause requesting a stay of the order pending a decision. Bear in mind these are rarely granted. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
What can I do in reguards to the situation with my child?
Q: I placed my teen on PINS about a yr and a half ago and the judge decided to place her in placement non-secure detention center for 12 months in temporary care of social services due to her non compliance she was a saftey issue. Recently,I have had an issue with the agency where she is residing at the supervisor told verbally me my child cannot come for home visits and i cant see her because legally i am married but not living with my spouse at this time (hes not the bilogical parent of my child but raised my child for well over a decade) because he has an old case convicted as a Jo/Yo which requires him to register but there are no stipulations. I dont know what to do
A: David's Answer: You'd need to file a petition for visitation & serve it on the Facility/agency. The Judge would then need to decide whether this is an issue or not. Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You'd need to file a petition for visitation & serve it on the Facility/agency. The Judge would then need to decide whether this is an issue or not. Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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